Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2020

Lord Vaizey of Didcot Excerpts

Monday 16th November 2020 Grand Committee

[Lord Vaizey of Didcot (Con)]

It is a thrill to be speaking here this evening. This is my first speech in Grand Committee; I feel as if the set has been designed by Stanley Kubrick, but I will try to give my comments as reasonably as I can. I feel as if I am giving my second maiden speech, so I hope that all subsequent speakers will lavish me and my speech with extraordinary praise.

I begin by saying how enjoyable it is to follow the noble Lord, Lord McNally, who may or may not still be watching the proceedings. He and I indeed worked closely together in the coalition Government on data protection, and in fact it was he who first turned me on to the subject. One of my last acts as a Minister was to grab it and take it over to DCMS to try to realise my vision of DCMS becoming the leading department on digital.

As may have been gathered, data is an extraordinarily dull subject, particularly when it comes to regulations and legislation, but it is true, as the noble Lord, Lord McNally, said, that it is often called the new oil. The reason is that data flows ever more generously around our world; in fact, I am told that the size of the digital universe is now 44 zettabytes, which is 44 times bigger than our physical universe. There are 500 million tweets a day—mostly from President Trump; 294 billion emails a day; 5 billion searches; and 65 billion WhatsApp messages—mostly, no doubt, from Dominic Cummings. It is therefore quite clear that data dominates everything, and there need to be clear rules on how it is used and how it is harmonised across jurisdictions. Data is the new trade route. In fact, the UK, as in so many areas in technology, leads the EU; about 4% of our gross domestic product is now dependent on data companies and industries.

The noble Lord, Lord McNally, rightly spent some time talking about the GDPR. The GDPR is of course a bureaucratic and onerous regulation, but the new version of it came into being just at the time when the “techlash” was gathering momentum, when concern about one’s data, the way that it was used and the privacy surrounding it was very much at the forefront, and the GDPR is now seen as a bit of a gold standard. In any event, one of its unassailable merits is that it is now valid across 27 different jurisdictions in the EU, which means that any company using data within the EU knows that it can transfer across different countries. It has been copied in other states, even in countries such as South Korea, which is seen as a technology leader, while California’s recent passing of its own privacy law is very much dependent on the GDPR. Bureaucratic it may be, but it has become a model.

One of my concerns, though, about the GDPR is that it is not being used effectively by privacy regulators. I gather that only 3% of the 680 staff at our own Information Commissioner’s Office are tech specialists, and there is so far a failure to use the powers of the GDPR, for example, to take on big tech in the way it transfers the data of citizens between its applications. Think about the way that Facebook and Instagram share data. If the Minister wishes to comment on the ICO and its use of the GDPR, that would be welcome.

Of course, what the noble Lord, Lord McNally, also referred to is probably the most important thing and relevant to these regulations: equivalence across different countries and trade blocs. I notice that Japan recently agreed equivalence with the EU, thus surrendering, perhaps, some of its sovereignty to the EU without throwing a temper tantrum. We have not yet agreed equivalence with the EU, and I am told that if we do not reach a deal then the EU will start to consider data adequacy with us only when we become a third country. That will lead to chaos—chaos, I have to say, compounded by the decision of the European Court to reject the Privacy Shield between the United States and the EU. You have a three-way pile-up, with the UK caught somewhere in the middle.

However, there is some cause for optimism in the very dull subject of data. I unequivocally welcome the Government’s recently published National Data Strategy. Launched in September, it addresses some of the real opportunities that the data economy presents. The idea of standardising data across the public sector is extremely welcome, and being able to share data across silos to realise real gains is also very welcome indeed. The focus on data skills and training people in data and in the responsible use of data is a good thing. Some think perhaps that the national data strategy is not ambitious enough. I do not share that view. I think it is a welcome first step and, if implemented properly, will maintain our leadership in this very important area.

However, horizon-scanning ideas are beginning to emerge—for example, the need for companies to value their data. It is astonishing if you look at the accounts of big tech that nowhere will they put a price on the enormous amount of data they harvest from their users. If you put a value on data, you might see companies work harder to make it more secure and—dare I say it or whisper it—it might even be possible for national Governments to tax that data. The wealthiest people in the world really are data billionaires, rather than anything else.

The other emerging idea is that of data trusts. They are a bit like a pension trust where you can put data into, as it were, a separate part of a company and have it governed separately. This could help small companies manage their data more effectively and create whole new industries. For me, all this is very exciting and brings me back to the point to thank the noble Lord, Lord McNally, for first turning me on to data.

Covid-19: Support for Entertainment and Music Industry Freelancers

Lord Vaizey of Didcot Excerpts

Monday 9th November 2020 Lords Chamber

[Baroness Barran (Con)]

The noble Baroness raises an important point. However, I stress that the Self-employment Income Support Scheme has been made more generous as a result of the Chancellor’s announcements last week, and we expect to pay around £4.5 billion to self-employed people between November and January. We work very closely with, and are very grateful to, all our sector stakeholders and will keep all these aspects under review.

[Lord Vaizey of Didcot (Con)]

My Lords, the Government are to be congratulated on the support they have been giving to the cultural sector, led by the Secretary of State Oliver Dowden and, indeed, a Member of this House, the noble Lord, Lord Mendoza. Freelancers are the lifeblood of our creative economy; I think there are even a few present in the Chamber today. Has my noble friend seen the report from the Creative Industries Federation, commissioned by Oxford Economics, which suggests that almost 300,000 freelancers may lose their livelihoods during this terrible pandemic? Despite the reforms and changes made on the way to some of the excellent support schemes, I hope that the Government will look again at how to further support freelancers.

[Baroness Barran (Con)]

Our freelancers are indeed the lifeblood of our creative industries; that is why we are working so hard to get funding to organisations that, in turn, will be employing freelancers. For example, the majority of successful applicants to the Culture Recovery Fund are planning activity to start before March. Our research suggests, however, that not all freelancers who are eligible for support are actually accessing it; we would really encourage them to do so.

Covid-19: Regional Theatres

Lord Vaizey of Didcot Excerpts

Monday 28th September 2020 Lords Chamber

[Baroness Barran (Con)]

I am not clear where the Chancellor said he did not see these as viable jobs. We have used every effort to make sure that the unprecedented level of support for these sectors is as wide and comprehensive as possible.

[Lord Vaizey of Didcot (Con)]

I draw attention to my entry in the register of Members’ interests, in particular my work with the National Youth Theatre and Digital Theatre+. May I ask my noble friend about further measures to support regional theatre? I absolutely congratulate her, her colleagues and the Treasury for the astonishing level of financial support that has already been provided. However, two practical measures may make a difference. One would be to consider increasing the threshold for the excellent theatre tax relief, brought in by a Conservative Government, perhaps as theatre begins to recover. The second, partly to echo the noble Lord, Lord Stevenson, would be to have a government insurance scheme to cover theatrical productions as they begin, we hope, to come back to life.

[Baroness Barran (Con)]

I welcome my noble friend to his place in the Chamber. He makes two helpful suggestions. He is quite right that the theatre productions tax relief generated £71 million in the last year, which supported almost 3,600 productions; the Treasury keeps that under review at all times. We are working with the sector, looking at options around insurance, and my honourable friend the Minister for Culture is meeting with groups on this on a weekly basis.

Shared Rural Network

Lord Vaizey of Didcot Excerpts

Monday 28th October 2019 Commons Chamber

[Nicky Morgan]

I thank the right hon. Gentleman—I think—for the response to the statement. The paltry support he got from those on his Benches when he sat down showed that they did not think much of it either. It was a typical grudging response from the Labour party, rather than a recognition that this is a significant step forward for consumers and for our constituents. Just to answer some of the questions he put on behalf of the Labour luddites in this House, let me say that the 95% target for 2025 is achieved by getting to just over 92% by 2026. This is a clear commitment given by the four mobile network operators, and it is actually much better than achieving it either through the spectrum auction or through any other roaming proposals. It is right that we should see that this is delivered properly and comprehensively across the UK, rather than rushing, although we are clear about the 2025 target.

On interim targets, we are obviously going to wait for industry to say how quickly it is able to do the roll-out, but I was clear in my statement to say that many areas will see this coverage much more quickly.

On the letter from Ofcom, it is obviously a decision for Ofcom as to whether to carry on with the auction coverage. However, I suggest that the right hon. Gentleman read Sharon White’s letter, because she is very clear that by following this proposal and sharing infrastructure,

“the four operators can deliver much greater improvements in coverage at less cost than they could do individually”,

and:

“We believe this is an efficient way of improving coverage which should provide a better experience for consumers than other alternatives like rural roaming.”

The right hon. Gentleman asked whether all four were included in the 95%, and that is absolutely the case.

This is a significant moment for improving mobile connectivity, which is absolutely essential to making sure that the UK plays its part in being able to develop, use and innovate the technologies of the future. I would hope that all those who hope for coverage in areas such as the west midlands, which is leading the charge in terms of the 5G test beds, under the brilliant mayoralty of Andy Street, could celebrate rather than offer this grudging response today.

[Mr Edward Vaizey (Wantage) (Ind)]

When the previous Prime Minister rang to fire me from my position as telecoms Minister, she could not get through because I did not have a signal on my mobile phone, so this announcement today is close to my heart. May I ask the Secretary of State to update the House on any changes to planning regulations, which are often the barrier to erecting much-needed mobile phone masts in rural areas?

BBC

Lord Vaizey of Didcot Excerpts

Monday 15th July 2019 Westminster Hall

[John Howell]

I thank my hon. Friend for that comment. The idea of keeping out commercial advertising was fine 50 years ago, and even 20 years ago, but in today’s world it needs to be looked at again in the context of how the BBC will function.

I was going to say a few things about free TV licences, but the hon. Member for Warrington North has said many of them already, so I will not comment.

[Mr Edward Vaizey (Wantage) (Con)]

Do you agree with her? That is what we want to know.

[John Howell]

I think this is a fault of both the Government and the BBC. I have told the director-general that—he happens to be a constituent of mine—and that is the position I will take. Just before my right hon. Friend the Member for Wantage (Mr Vaizey) comes in with a witty comment, that is not sitting on the fence; it is a position that I fully hold. The BBC has done itself no good at all in how it is has gone about dealing with the TV licence.

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[Mr Edward Vaizey (Wantage) (Con)]

It is a pleasure to serve under your chairmanship, Mr Wilson, not least because my hon. Friend the Member for Stone (Sir William Cash) is speaking in the main Chamber, so this is a safe haven for the next 45 minutes, I estimate.

I am an unashamed fan of the BBC. We keep talking about the TV licence fee, but it is worth rehearsing the fact that the BBC provides a huge range of services in at least five or six distinct areas. What I would loosely call the social aspect of the BBC is hard to define, but people forget that it funds five classical music orchestras. We could debate whether that is a good use of licence fee payers’ money, but there it is.

I refer hon. Members to my entry in the Register of Members’ Financial Interests. Last week I hosted an event for the BBC at which it launched a new app called Own It, which is designed to help children to navigate social media. This week, I am hosting an event with the BBC for a scheme it is doing with the Arts and Humanities Research Council to fund doctoral students. Of course, we all celebrate the Proms. The BBC does a lot that no commercial organisation would do, much of which strays into the area of social good or the work of the Arts Council England. Frankly, I do not think it spends enough time telling people like us what it does in that field.

We refer to the TV licence fee, and we have heard a lot of citations from pensioners talking about how much they love television, but let us not forget radio. The BBC accounts for about 70% of radio listening. There are not just the national channels that we all listen to—Radio 4 and 5 Live for this demographic, I suspect, and also Radio 1, Radio 2, Radio 3 and 6 Music—but local radio, which is absolutely vital. In my constituency we have BBC Radio Oxford and, nationally, 39 local radio stations provide vital local coverage, in particular local news.

It is often BBC News that gets the BBC into trouble—there is always something for Brexiteers, remainers or Corbynistas to get their teeth into and object to. I thoroughly enjoyed the speech of hon. Friend the Member for Henley (John Howell)—I had no idea about his life as top-flight media executive; he was a star of the BBC World Service. There is also the Parliament channel, local radio news and the BBC’s website. However often we disagree at times with how the BBC covers particular aspects of news, we can all agree that in an era of fake and very biased news being disseminated on social media—we see the effect that that has had on politics in the United States—we are lucky to have, broadly speaking, an unbiased and objective news service at the heart of the BBC, which is widely respected in the UK and abroad.

Then there is BBC drama and entertainment, including “Strictly Come Dancing”, “Poldark”, which we all watched last night, and “8 Days”, which I watched this morning with my Cavapoo at home. Quality drama pervades the whole of the drama output of British television. One reason why British television is so respected around the world is because the BBC sets a quality anchor—a quality level—that everyone else aspires to, which would not be there without it.

Then there is the BBC’s foray into the world of commerce. It generates its own revenue to keep the licence fee within reason and sells its programmes all over the world. BBC Studios, which makes programmes, is now in profit. The BBC has made a foray into commercial television with UKTV, to which I shall return.

The BBC does much work to make itself as accessible as possible. The iPlayer is probably the most user-friendly TV platform—I include Netflix in that. The BBC has also supported the roll-out of digital radio, and it has constantly innovated in relation to apps, as more and more people are obviously accessing content on smartphones. As my hon. Friend the Member for Henley said, BritBox, which it launched in the US with other commercial players, is now potentially being launched in the UK.

It is important to remember that there is a lot going on in the BBC. When people criticise it, they should ask themselves what we would do without it. I have to admit that it is a bit like the royal family—it is a bit of an anomaly. I am not sure whether we would invent it if we were starting from scratch, but it permeates our culture and I could not imagine a life without it, even though, as my hon. Friend said, it is not perfect and gets things wrong.

The issues facing the BBC include the licence fee itself, which we looked at when we undertook the charter review. We concluded that, rather like democracy, it is the least-worst option of funding the BBC. It maintains a level of independence from the Government and gives the BBC a secure income. By and large, it still works. It is not destined to last forever. It may be that the BBC eventually moves to a subscription model—we will have to wait and see. Let us not forget that the licence fee has evolved. There used to be a radio licence fee that people took out separately from the TV licence. There may be debates about whether there is a licence fee aspect of funding the BBC and a subscription aspect.

The BBC will continue to look at savings. It has taken about £1 billion in costs out of the organisation over the past 10 years, and it is right that it has done so. It has an existential challenge, in terms of competing with the commercial sector. It is a big elephant in the room, in so far as the UK media scene is concerned. Ten years ago, we could not move without every media organisation, including, funnily enough, The Guardian, complaining about its reach and scope. That has been dwarfed by the advent of Netflix, the resources that Sky will have following its takeover by Comcast, and Disney. The competition to fund content, and for eyeballs—not least given the changing ways that people are consuming content—will present real challenges to the BBC to remain relevant, particularly to a younger demographic. I do not envy it that.

The BBC faces challenges on which it can lead the way. It focuses far too much—this slightly contradicts what I just said—on saying, “How do I compete against ITV or Netflix?” and not enough on saying, “What does the privilege of a secure income from the licence fee allow me to do for the UK as a whole?”

[Anna Turley (Redcar) (Lab/Co-op)]

The right hon. Gentleman is giving very compelling testimony about the value that the BBC adds to this country. I wholeheartedly endorse everything he has said. He is getting into the wider issue of the social value that the BBC adds. Elderly people frequently suffer from isolation and are unable to get out of the house. One of my constituents has said:

“I am disabled. I cannot go outside without my carer or my wheelchair. The television is my friend and companion.”

Does that not back up what the right hon. Gentleman has said? The BBC is about more than just entertainment; it adds social value over and above that.

[Mr Vaizey]

It certainly is. If I knew about the services that the BBC provides in greater depth, I could probably rattle off five or six others, beyond simply the television, that it provides for the hon. Lady’s constituent.

Perhaps this sounds like navel-gazing—I am coming to my conclusion—but I think the BBC could take a massive lead in supporting much greater diversity, including with disabled people and black and minority ethnic people, not just in front of the camera but behind it. It really could invest in that. That is not to say that, over the past 30 or 40 years, it has not been at the centre of training legions of people who now work across the media.

The issue that concerns MPs at the moment, however, is the BBC’s struggle with having the free TV licence foisted upon it. As I have said already in the main Chamber, that policy was forced on the BBC by the Government, by the Treasury. There was no negotiation—the BBC was going to take the free TV licence, whether it liked it or not, as far as the Treasury was concerned. The only room for negotiation was what the BBC might be able to claw back in order to mitigate the financial impact.

The decision was wrong, and it was made because the then Government had to meet their manifesto commitment—ironically—of making £12 billion in welfare cuts. It was the wrong decision to impose on the BBC, and this Government compounded it. Having forced it on the BBC, they are disgracefully trying to have their cake and eat it, saying, “It’s the BBC’s decision but we disagree with it.” If they are going to force the policy on the BBC, they should support its decision. If we could roll it back, an honest Government would take the policy back from the BBC, engage with the public and decide whether free TV licences are affordable.

My personal view—this is where I will lose the support of Opposition MPs—is that the free TV licences were a gift given by a previous Government without thinking whether it was financially sustainable. Reform of free TV licences is a perfectly sensible position to look at, and it seems to me that the BBC, after careful analysis, has come up with a sensible reform policy. However, the question is whether that should be the BBC’s role, and the answer to that is no.

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[The Minister for Digital and the Creative Industries (Margot James)]

It is a pleasure to serve under your chairmanship, Dame Cheryl, and I congratulate the hon. Member for Warrington North (Helen Jones) on securing this important debate on these three petitions. I agree with the shadow Minister, the hon. Member for Cardiff West (Kevin Brennan), that the hon. Lady’s opening speech was an excellent account of so many of the issues that drove those petitions, and her own response to them.

Before I address some of the issues that have been raised, I will echo the huge positivity from across the Chamber about the role, importance and value of the BBC. We in this country are extremely fortunate to have the BBC, for all the reasons that right hon. and hon. Members have mentioned; it delivers an enormous public service, with hugely successful productions such as “Bodyguard”, “Strictly Come Dancing” and the “Today” programme. I would add a recent one, “Gentleman Jack”, which is absolutely fantastic.

[Mr Vaizey]

Oh, I loved that.

[Margot James]

I am glad my right hon. Friend loved it. It was a series that illustrated the importance of diversity in the BBC: a regional series set in Halifax, written by a BAFTA-winning director and playwright, Sally Wainwright—also from Yorkshire—and co-produced by BBC Studios and Lookout Point. I wish that such a series had been aired when I was growing up in the 1970s.

Of course, it is the licence fee that delivers that public value and allows the BBC to reach UK audiences everywhere, from the TVs in our homes to all the gadgets and devices that we carry around with us. The BBC is also required to represent and cater for all sorts of niche interests that may well not attract the attention of a channel that depends on advertising, or even broad-based subscription revenues, for its identity and position. The BBC received close to £3.7 billion in licence fee income last year, and its unique position of providing distinctive content in under-served genres to under-served audiences is vital.

Right hon. and hon. Members will know that we carefully considered the question of the licence fee as part of the BBC charter review process in 2015 and 2016. We found that independent research demonstrated a great deal of public interest in the licence fee. Some 60% of people surveyed backed it as the least worst option, as my right hon. Friend the Member for Wantage (Mr Vaizey) mentioned. For 60%, the licence fee was the mode of payment that they most supported, with fewer than 3% backing either an advertising model or a subscription-based model. Those figures are quite powerful, which is why we have committed to maintaining the licence fee funding model for at least the duration of this new 11-year charter period, which will bring us to the end of 2027. That provides the BBC with the funding certainty that it needs to thrive and deliver its mission and public purposes.

The media landscape is changing all the time, and citizens and consumers have more choice than ever before, particularly in the form of subscription-based services. However, the BBC’s content remains hugely popular. Some 91% of adults in the UK use its services each week, spending an average of 18 hours watching, listening to or using those services. Such figures demonstrate the continuing importance of the BBC in the fast-changing and increasingly competitive media landscape. In addition, the BBC directly invests over £2 billion in the UK’s creative industries each year, and invests billions of pounds in the digital and high-tech industries that support content creation and distribution. It is therefore a very important contributor not only to our shared experiences and public life but to the economy.

I now turn to the over-75s’ licence fee concession. Of course, the Government recognise the importance of television to people of all ages, particularly older people. We have heard a lot today from Members who, having talked to their constituents, have recounted what we all know: that the television can provide a lifeline to older people, particularly those who are recently bereaved or live alone, as a way of staying connected with the world. Right hon. and hon. Members have made that point clear, and I wholeheartedly agree with those sentiments.

However, if we cast our minds back four or five years to the time of the 2015 funding settlement, the Government had an expectation that all public services and public institutions had to find some economies and play their part in reducing the budget deficit overall and bringing some stability and sense to the public finances. Older people, like everybody else, mostly agreed with the need to do so, although they did not necessarily agree with all the means that were identified as routes towards restoring that stability and sense. However, it was agreed with the BBC that the responsibility for that concession would transfer to the BBC by June 2020.

In return, the Government closed the iPlayer loophole so that more people paid the licence fee. Many more people now pay the licence fee, leading to an uptick in the BBC’s revenues. The Government also committed to increase the licence fee in line with inflation during the charter period, which for the first time gave the BBC a more sustainable income for the future. At the time, the Government and the BBC agreed it was a fair deal. Indeed, the director-general said:

“The Government’s decision here to put the cost of the over-75s on us has been more than matched by the deal coming back for the BBC.”

Parliament debated the issue extensively in passing the Digital Economy Act 2017 and approving the transfer of the legal responsibility for the concession to the BBC. I was a Whip in that Government, and I can tell Members—I am sure you will remember this too, Dame Cheryl—that we had to compromise greatly on a number of very contentious issues, but this was not one of them.

Free TV Licences: Over-75s

Lord Vaizey of Didcot Excerpts

Tuesday 11th June 2019 Commons Chamber

[Jeremy Wright]

Well, Mr Speaker, it is not quite as simple as that. The hon. Gentleman knows I have a good deal of respect for his passion and his consistency. I accept that he has always argued that it was wrong to transfer the responsibility to the BBC, but the arguments he makes today were better suited to our debate on the Digital Economy Act 2017. Indeed, he made those arguments then—I accept that. However, the argument was had, a vote was conducted and a result was recorded. Consequently, the BBC has the responsibility for deciding what to do about the licence fee concession. That is a fact.

The hon. Gentleman raised several concerns and I will try to deal with them. First, he is rightly concerned about those who are elderly and lonely. I know that he will recognise that the Government have not relied on the BBC to do something about those who are lonely. We are the first Government to appoint a Minister for loneliness, to have a loneliness strategy and to commit £11.5 million to pay for several programmes under the Building Connections fund. The Government take loneliness seriously and have put our money where our mouth is.

The hon. Gentleman also raised concerns about the poorest pensioners. Let me say two things on that. First, as he knows, the Government have put considerable effort into raising pensioners’ living standards. We have increased the basic state pension by significant amounts. It is today £675 higher than if it had simply been uprated by earnings since 2010. In cash terms, that is £1,600 more for every pensioner. We take seriously the responsibility to look after those who do not have means and are pensioners. Again, we have put our money where our mouth is.

The hon. Gentleman made a good point about eligibility for pension credit. It is important that all those who are eligible claim it. That is exactly what we, too, believe should happen. My colleagues in the Department for Work and Pensions have been working hard on that. I and they expect the BBC to help us in that task by ensuring that, as the opportunity presents itself, people who do not yet claim pension credit but are entitled to it do so. I hope that we will have the hon. Gentleman’s support in that process.

It is important to stick to the facts and not to scare people unnecessarily. It is important to understand that the change will not happen immediately, but next year, and that those who are entitled to pension credit can still have a free TV licence. It is also important to understand that evasion of the licence fee is not an imprisonable offence. It is helpful if we do not mislead people on those points.

I have said that the Government have put their money where their mouth is in looking after the individuals about whom the hon. Gentleman is rightly concerned. The House and pensioners over the age of 75 have a right to expect the same of the Labour party. If the hon. Gentleman wishes to come here and express his outrage about the transfer of responsibility to the BBC and away from the taxpayer, does he accept that it should be transferred back? If so, where will the money come from? He is offering to commit to £500 million of extra public spending. We are all interested to know where it will come from.

[Mr Edward Vaizey (Wantage) (Con)]

My right hon. and learned Friend knows that there is no job in the world I would like more than his. He will therefore be delighted by what I am about to say because it will preclude any future Conservative Prime Minister from giving me the job.

I was in the Department for Digital, Culture, Media and Sport when the Treasury imposed the policy on the BBC to meet its £12 billion welfare target, which I doubt we have met and has long been forgotten. The Government should either take back the policy or support the BBC changes. They should not use weasel words to undermine the changes that the BBC has made. It is interesting that 40% of those over 75 subscribe to paid-for television services as well. We should support the BBC in making the changes.

[Jeremy Wright]

I respect my right hon. Friend’s experience in this matter. I am tempted to say that if he really wants my job, today would be a very good day for him to have it, but I do not think I will make that offer.

My right hon. Friend is right that the BBC’s decision must be respected, but we all have a right to express our view on the decision. It is a BBC decision—I have clearly accepted that; it is what the statute says—but we all have a right to express our view and I have been frank with the House in saying that I am disappointed that the BBC has not been able to do better. I think it still can do better and I intend to use the forthcoming period to persuade it to do so.

TV Licences for Over-75s

Lord Vaizey of Didcot Excerpts

Wednesday 8th May 2019 Commons Chamber

[Mr Whittingdale]

I am extremely grateful to my hon. Friend, because he allows me to quote the director-general. As I say, our negotiations were robust, but we emerged from them with the director-general issuing a public statement saying that it was

“the right deal… in difficult economic circumstances”.

He went on to say:

“Far from being a cut, the way this financial settlement is shaped gives us, effectively, flat licence fee income across the first five years of the next charter.”

[Mr Edward Vaizey (Wantage) (Con)]

I do not know whether my right hon. Friend will mention this part of the licence fee deal, but it is worth making the point that the last Labour Government imposed on the licence fee a levy to fund broadband roll-out, and because of the success of the broadband roll-out under our Government, we removed that levy from the BBC. While there was a stick with free TV licences, there were carrots with the removal of some of the subsidies the last Government had asked the BBC to provide.

[Mr Whittingdale]

I am grateful to my right hon. Friend, who was also a key player at that time as a Minister in the Department. He is absolutely right. I mentioned two of the BBC’s requests at the time—the unfreezing of the licence fee and the closure of the loophole—but he is correct to point out that the BBC had always been unhappy about the top-slicing of the licence fee to fund broadband, which it saw as far removed from the purpose of the licence fee. That was another agreement we reached with the BBC, which I think was why the BBC felt that it was a fair and proper settlement.

BBC Commissioning

Lord Vaizey of Didcot Excerpts

Tuesday 5th February 2019 Westminster Hall

[Mr Campbell]

Yes, I unequivocally agree with that. The only addendum I would make is that the BBC is not exempt from scrutiny itself—that is the point.

It is an appalling reflection on BBC Northern Ireland’s management that a Member of Parliament who has taken a keen interest in these issues both in Parliament and outside has had to take the steps that I have over many months to escalate concerns to the National Audit Office.

[Mr Edward Vaizey (Wantage) (Con)]

May I support the case that the hon. Gentleman is making? When we did the BBC charter review, we were keen to get independent regulation of the BBC through Ofcom and to open up the BBC’s books to the National Audit Office, which it resisted. The BBC can be opaque and not transparent. That said, does the hon. Gentleman agree with me that it does not advance the argument for accountability and transparency simply to accuse the BBC, as some hon. Members have done, of bias? I think it tries very hard to present a balanced picture.

[Mr Campbell]

I accept the right hon. Gentleman’s point, but I invite him to look at more of the BBC’s content. Perhaps then he will reflect on his view. I am sure we will have another debate on that in the coming months.

I will now move on to the specific example I have raised. Third Street Studios has a director who is also a prominent BBC Northern Ireland presenter: Mr Stephen Nolan. The BBC claims that Mr Nolan’s company is an average, independent production company. That is patent nonsense. Mr Nolan quite regularly advertises the television programmes made by his company on his BBC radio show, which is part of his £450,000-a-year job, funded by the licence fee. This is a clear and unfair advantage over other independent production companies, which cannot promote their programmes in the same way.

If an independent production company gets a contract from the BBC, it has to go away, make the programme, supply it to the BBC and hope that the quality of the production will shine through. However, in this instance, as I have outlined, someone who works in the BBC—who has the inside track and knows how it works—can get a contract and then advertise on the BBC for his so-called independent production company, which won the contract from the BBC. That is clearly an unfair advantage.

Since the BBC is effectively funded through the public purse, it must adhere to the same standards as are demanded in other areas of public life. The contract was from 2014—five years ago. I have been asking questions about it for two years, and yet I still do not know basic details about the contract, which we all pay for through the licence fee. The public have paid for it, and therefore they have the right to know the details of how it was awarded and how the expenditure was accounted for. At the moment, we do not know the answers. Why should a contract that was awarded five years ago remain secret? Why not publish all documentation relevant to that series, after five years have passed, unless there is something to hide? That is why the National Audit Office is digging—digging deep, I hope—into the BBC.

The irony is that BBC Northern Ireland programmes continue to investigate the use of public money by Government, as outlined by the hon. Member for Keighley (John Grogan), and they are quite right to do that. No one should misunderstand the nature of this debate. The BBC and others are right to conduct such investigations, but we are equally right to hold it to the standard that it holds others to. The BBC is not, and must not be, exempt.

As many will know, the concerns that I and others have do not just stretch to the process of commissioning programmes. I have long campaigned for maximum transparency in relation to pay. We now know that there exists a gender pay gap, but it took a decade for the BBC to come to the point of publishing the salaries of presenters who earned more than £150,000 per year. Does the BBC hope that if it strings people along on the issue of commissioning contracts, the pay issue might disappear? Does the BBC think that just as it dragged its feet on transparency around salaries, it can drag its feet on this? The BBC must think again. It seems to feel as though it can pose questions, but it does not have to answer them; apparently, answering questions is only for the little people. The BBC must—and will—answer these questions.

The National Audit Office sent me a letter dated 30 January 2019. Coincidentally, that was the day after this debate was announced; I will leave people to draw their own conclusions. In that letter, the NAO said,

“the BBC centrally decided to carry out a targeted review of the commissioning process in BBC Northern Ireland.”

The NAO added:

“We are currently reviewing information collected as part of this review and are following up with some specific questions.”

The National Audit Office has confirmed that it will provide answers by the end of February to the questions that were originally asked of the BBC in 2016. In trying to protect and defend those involved, the BBC has further undermined trust in the organisation.

I look forward to the completion of the National Audit Office investigation. I understand that the Secretary of State for Digital, Culture, Media and Sport will visit Northern Ireland next month, as he said in his answer to my parliamentary question last week, and I hope he will take the opportunity to get questions answered by the BBC in Northern Ireland. In the past, the Minister has been responsive and helpful in answering questions. I hope that she will deal with this issue in any discussions that she may have with the BBC in the run-up to the mid-term charter review, which will take place in the next two years.

I hope that my worst fears are not confirmed, but the information I have gleaned to date does not fill me with hope, and neither do all the stonewalling, all the delaying or all the attempts to avoid answering questions. I hope the National Audit Office will get to the truth of these matters. If there are serious questions to answer about the lack of transparency not just in BBC Northern Ireland, but across the nation as a whole, it will be a national scandal and there will have to be serious consequences for the entire BBC hierarchy.

[The Minister for Digital and the Creative Industries (Margot James)]

It is a pleasure to serve under your chairmanship, Mr Betts. I congratulate the hon. Member for East Londonderry (Mr Campbell) on securing this debate on the accountability of the BBC and its commissioning activity. I value his long-standing knowledge, interest and work in this important area.

Before I address the important issues that the hon. Gentleman raised, I want to speak briefly about the importance of the BBC as a collaborative partner in the UK’s vibrant creative industries. The BBC is one of the UK’s most admired institutions across the world, and I am very proud of the example it sets as a world-leading public service broadcaster. The BBC has provided some of the most memorable moments across television, radio and online services in recent times. From “Planet Earth” to “Les Misérables”, and the “Today” programme to “Killing Eve”, the BBC is at the centre of conversations in homes and workplaces across the country. All of those moments—and those programmes—depend on the BBC working in partnership with a diverse range of organisations across the creative economy. We have seen examples of how these partnerships deliver high quality and distinctive programming.

Such dynamic and innovative collaboration is crucial to the BBC’s success and must be embedded into the BBC’s everyday work with a broad spectrum of independent producers. After all, some of the highest quality and most popular BBC programmes come from those independent producers. Where would we have been, for example, without the excellent “Bodyguard” on our screens last year, or—one of my personal favourites—“Line of Duty”? Both of these excellent programmes were produced by Jed Mercurio and World Productions. They are just two of the brilliant programmes brought to us by independent producers in partnership with the BBC each year.

The BBC is rightly independent of Government, and it is the BBC Trust’s responsibility to ensure that the BBC delivers on its commissioning obligations. It would therefore not be right for Government to intervene in these matters, but later in my speech I will come back to the influence that we can have.

Collaboration was a key theme of the last BBC charter review. I congratulate my right hon. Friend the Member for Wantage (Mr Vaizey) on his role, when he was a Minister of State in my Department, in securing the new BBC charter review and the important remit now given to Ofcom, which he mentioned in his intervention. It is vital that the new charter requires—as it does now—the BBC to work collaboratively to support the wider sector as a creative partner, using its unique position in the creative industries to deliver the best possible public value.

The charter also requires the BBC to open up content production over time to allow non-BBC producers to compete for BBC projects and further stimulate the independent production market. By the end of the charter in 2027, 100% of BBC television and 60% of BBC radio will be fully open to competition, which will bring a diverse range of stories to the BBC. However, we recognise that how commissioning decisions are made is crucial, which is why we have also required the BBC to commission programmes in a fair, reasonable, non-discriminatory and transparent way.

I listened with interest to the case raised by the hon. Member for East Londonderry, which has caused me some disquiet. I was not aware of that matter until this debate. He has raised important issues and he deserves answers, which I trust he will get from the National Audit Office in due course. He will no doubt raise those issues with my right hon. and learned Friend the Secretary of State on his visit to Northern Ireland next month.

I expect the BBC to be one of the best partners to work with in the UK. We have established the new framework to ensure that BBC content comes from a range of voices that represents the diverse communities of the UK nations and regions. I am pleased to see the BBC taking action to deliver on those important goals. It has set out a clear commissioning process framework and code of practice that govern the commissioning of TV content from independent producers.

The BBC is also making strides towards full competition for its content. Indeed, I am aware that it recently achieved the first of its requirements to open up 40% of drama, entertainment, comedy and factual production to competition. They are important areas, and I expect the BBC to take its charter obligations seriously, given that it has a unique position in the sector and is the recipient of substantial licence fee income. [Interruption.] As hon. Members remind me from a sedentary position, that is vital. When we hold the BBC to account, we should never forget that that is public money.

It is also important that, when the BBC gets things wrong, it takes swift action to resolve those issues. To support that, as my right hon. Friend the Member for Wantage reminded us, the Government established Ofcom as the strong independent regulator to hold the BBC to account on its duties and responsibilities and to ensure that it does not have an adverse impact on fair and effective competition. If hon. Members are interested, Ofcom delivered a report at the end of last year that found that the BBC is complying with all the priorities set for it in the process. It is Ofcom’s responsibility to ensure that the BBC delivers on the requirements, and that it does so in the spirit of openness and transparency that we embedded in the charter.

Ofcom recently consulted on whether further regulation might be required to ensure that the BBC fulfils its commissioning requirements. The hon. Member for East Londonderry is nodding—perhaps he had the opportunity to make his views known during that process. I gather that Ofcom will publish the report shortly, at least by way of a statement, and I look forward to receiving it with added interest owing to this debate.

The BBC’s charter obligations, together with Ofcom’s regulatory responsibilities, ensure that the BBC is held to the highest standards and delivers the best outcomes for licence fee payers. I look forward with interest to Ofcom’s commissioning statement and to seeing the BBC’s continued progress on collaboration and competition. I hope that the hon. Member for East Londonderry gets satisfaction regarding his inquiry and concerns in due course.

[Mr Vaizey]

The Minister has focused on the BBC, but given that the debate is about the BBC and the media in Northern Ireland, it is worth mentioning how successful Northern Ireland has been in supporting the creative industries, thanks to the great tax credits that the Minister oversees. The making of “Game of Thrones” and many others have transformed the Northern Irish economy.

[Margot James]

I strongly agree with my right hon. Friend, and I am glad that he has made that important point. We enjoy an ecosystem of fine creative talent in Northern Ireland. He rightly praises “Game of Thrones”, which has been an amazing global success, but is far from the only one. I wish the creative industries in Northern Ireland every continued success.

Question put and agreed to.

Leaving the EU: UK Orchestras

Lord Vaizey of Didcot Excerpts

Wednesday 19th December 2018 Westminster Hall

[Sir Christopher Chope (in the Chair)]

I call the Minister.

[Mr Edward Vaizey (Wantage) (Con)]

What about me?

[Sir Christopher Chope (in the Chair)]

Did the right hon. Gentleman indicate that he wanted to be called in this very short debate?

[Mr Vaizey]

I certainly did.

[Sir Christopher Chope (in the Chair)]

In that case—if it has been agreed with the promoter, and the Minister has received notice—I call Ed Vaizey.

[Mr Edward Vaizey (Wantage) (Con)]

Thank you very much, Chair. It is a remarkable display of your flexibility, and another reason it is such a pleasure to serve under your chairmanship for the second day running. I congratulate the right hon. Member for East Ham (Stephen Timms) on securing this important debate and on putting the case for supporting our orchestras so effectively. I also congratulate the Minister—it is extraordinary that as the right hon. Gentleman was speaking, her Christmas card arrived in my inbox, drawn by Jessica Stinton of Ridgewood High School in Stourbridge. Jessica is now written into the record in Hansard for her beautiful picture of robins. The motto is:

“A time for everyone to come together.”

I think that this debate is a time for everyone to come together to support our orchestras, and the arts more generally, as we go through the turmoil of Brexit. The challenges that our orchestras face are also faced by many different arts organisations—perhaps not professional organ players, who might find it harder to tour, but certainly people in the visual arts—[Interruption.] I can feel that I have provoked my hon. Friend the Member for Henley (John Howell). If one wants to know about the quality of Oxfordshire’s cultural sensibilities, it is worth noting that only Oxfordshire MPs have turned up to this debate voluntarily.

[John Howell]

My right hon. Friend is right to speak of the quality of Oxfordshire MPs and to say that I am an organist—I think that adds to our contribution to the arts as Oxfordshire’s dedicated MPs. I want just to correct him on one thing: he is right to say that I cannot fit my organ in the back of a trailer, but many churches and halls around Europe have organs that can be used, provided that it has been arranged in advance.

[Mr Vaizey]

That is true. Yesterday I was at the Battersea Arts Centre, which houses a Wurlitzer organ—the largest electric organ of its type in the UK. I hope that my hon. Friend will have the chance one day to play that organ, which is currently being restored.

I digress. The point that I wanted to make is that while I was delighted to receive the Minister’s Christmas card electronically, a physical Christmas card is more tangible—just as a wonderful recording of an orchestra is a brilliant thing, but we ultimately aim to see it perform live. That is why the touring of orchestras is so important, and why British orchestras have seen more than a million more people attend live performances in the past eight years. Another important point is that our orchestras are very much part of this country’s soft power, as are all the arts. In my role as trade envoy to Vietnam, I was lucky enough to see the London Symphony Orchestra perform in Hanoi this year—that is one example. That is why I hope that the Minister will focus on the arguments that have been put forward by the right hon. Member for East Ham on the need to support orchestras and their ability to tour once we have left the European Union.

The right hon. Member for East Ham put some questions to the Minister, and I want to quickly outline three important themes. The first is obviously the physical ability to tour. We know that some of our orchestras have already lost bookings in the EU because of uncertainty about Brexit. It is not clear what future work permits might look like or what impact future customs arrangements might have on the movement of instruments between borders. We do not know how delays at the borders might impact on touring or what additional costs might come about from the loss of access to the European health insurance card. A whole host of uncertainties surrounding the physical aspect of touring in the European Union after Brexit need to be addressed.

The second point that the right hon. Member for East Ham touched on is that there will no doubt be an increase in costs for our orchestras, should they wish to tour in the European Union. It costs a lot to go on tour—I think it cost the London Symphony Orchestra about £1 million to do their south-east Asian tour. The costs are relatively low to tour in the European Union at the moment, but they will increase. The right hon. Gentleman was right to call on the Government to start to look at a fund to support international touring, perhaps with support from the Foreign Office or even from the Department for International Development. I was lucky enough to see the London Symphony Orchestra teaching in Hanoi as well as performing.

The third point that the right hon. Member for East Ham made is that the physical movement of people is important for orchestras. Something like 20% of musicians in our top orchestras come from the European Union. The salary threshold of £30,000 does not necessarily reflect the kind of salaries that are earned by people who are starting up their careers, or even by senior members of orchestras. When I was a Minister, I experienced some of the difficulties of getting artists from outside the European Union into the UK to perform. Those kind of obstacles really need to be looked at and overcome. I hope that, as well as considering a touring fund, the Minister will work with the Arts Council England to ensure that there is a special immigration section staffed by experts, who are able to wave through visas as quickly as possible to ensure that touring can be as friction free as possible.

Mr Chope, I thank you for the opportunity to make my points in this very important debate—while focused on orchestras, it is also a model for the wider debate on the future of cultural exchange between the European Union and the UK after Brexit.

Johnston Press: Administration

Lord Vaizey of Didcot Excerpts

Monday 19th November 2018 Commons Chamber

[Jeremy Wright]

Let me pick up three of the hon. Lady’s points. First, she mentioned pensions. As I said, the Pension Protection Fund is now engaged with this, and the action it now takes is a matter for that body. It is important that the fund and the Pensions Regulator have the chance to consider this properly, as they are now doing.

Secondly, the hon. Lady asked about the long-term commitment of the new owners. Again, that is a matter for them. What I should have said is that, as she will appreciate, the headquarters of Johnston Press are in Edinburgh, so it is of course necessary for us to work with the Scottish Government to ensure that, if further actions are necessary, we take them in conjunction with the Scottish Government.

Finally, the hon. Lady invited me to meet her, the shadow Secretary of State and a shareholder. Earlier, I mentioned the risk that there is a quasi-judicial role for me to complete in this process. We do not yet know whether I will need to do so, but I think it best that I am prudent about that at this stage so, if she will forgive me, I will not accept her kind invitation at this point.

[Mr Edward Vaizey (Wantage) (Con)]

I refer the House to my entry in the Register of Members’ Financial Interests, in case it is relevant. I am well served in my constituency by an excellent local paper, The Herald, and an excellent local radio service, provided by BBC Oxford. We have done a lot to try to support local newspapers, not least through the BBC reporting initiative and the alleviation of business rates. Can the Secretary of State comment on whether local councils and, indeed, Government will continue to place statutory advertising in local newspapers, which is a source of valuable income?

[Jeremy Wright]

I am grateful to my right hon. Friend. He has personally done a great deal in this space, which the House should note. He makes a good point about what local government in particular can do. It is important that, in addition to putting pressure on central Government, as the House is doing now, we also seek to speak to our respective local authorities, to ensure that they play any role they can in the preservation of our important local newspapers.